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Deceptive Advertising

Mrs. Smith's Pie Package

Plaintiff Shatequa Leguette bought a Mrs. Smith’s Original Flaky Crust Pie, and the label on the package read, “Made with Real Butter”. Unfortunately, according to the allegations in this class action, the label would have been more accurate if it had added, “…but mostly made with palm oil!” The ingredient label lists a “shortening butter blend” made with “palm oil, butter (cream, salt)”, with palm oil listed first as the predominant ingredient.

Red Wine Pouring into Glass

This settlement pertains to phantom discounts—an issue usually raised with the outlet stores of well-known brands—but this time the product is wine. The complaint alleges that Wines ’Til Sold Out ( advertised discounts on wines that were not real, because the wines had not previously been sold anywhere at the purported “original prices” quoted.

Three Diamond Rings from RealReal

Plaintiff Gaby Basmadjian bought a ring from The RealReal, Inc. that was advertised as containing 2.10 carats of diamonds. After she received the item, the complaint for this class action alleges, she had it appraised, only to find out that it contained only 1.2 carats of diamonds. The ring was not returnable, and the complaint claims it’s not unusual for RealReal to misrepresent the gemstone weight of the items it sells. The complaint claims that RealReal should be found in violation of California’s consumer laws and should refund a portion of the purchase price of all gemstone items where it misrepresented the weight of the gemstone.

Nature's Science Garcinia Cambogia Product

Wellnx Life Sciences makes high claims for its Nature’s Science “100% Pure Garcinia Cambogia” weigh loss product. Unfortunately, the complaint for this class action alleges that the product is not effective for weight loss and does not contain the amount of active ingredient hydroxyxitric acid (HCA) advertised, in violation of a number of state and federal laws.

Gap Factory Store in New Jersey

Gap Factory and Banana Republic Factory stores use fake base pricing to offer phantom discounts, or so the complaint for this class action alleges. The complaint claims that every item in their stores has a fake base price on its price tag, that the advertising throughout the stores say such things as, “Take an extra 40% off lowest ticketed price”, and that the stores’ printed receipts make statements like, “You saved [a specific dollar amount],” a savings that the complaint calls “entirely illusory.” Both state and federal laws prohibit such fake base prices and phantom discounts.

Ocean Spray CranGrape Juice

Ocean Spray CranApple Juice and CranGrape Juice have labels that claim that they contain “No High Fructose Corn Syrup, Artificial Colors, or Flavors” but the complaint for this class action alleges that both juices do contain artificial flavors, in violation of California’s advertising and consumer protection laws. According to the complaint, the CranApple Juice contains dl-malic acid and the Cran Grape Juice contains fumaric acid, both of which the complaint claims to be artificial flavors made from petrochemical products, and which California laws require to be indicated on the label as artificial flavors.

CVS Gold Emblem Red Fish Candy Bag

Does CVS Pharmacy underfill its 5.5 oz. bags of Gold Emblem red fish candy? According to the complaint for this class action, it does, and the amount of slack fill is considerable. State and federal laws prohibit too much non-functional slack fill, and none of the acceptable functions for slack fill seem to apply to the candy bag. In fact, the complaint compares the bag of red fish candy to a same-brand bag of assorted fish candy and finds that the red fish candy bag is 45% (less than half) filled, while the assorted fish candy bag is 64% filled.

BelVita Breakfast Product, Blueberry Flavor

May a company legally market a line of breakfast products as being for people “who have health and wellness in mind” if they contain substantial amounts of sugar? The complaint for this class action says no. The complaint spends roughly thirty pages detailing the health risks of excessive sugar, then compares the products’ marketing to health-conscious people as “nutritious” with its high sugar content.

Ad for KT Tape

KT Health has agreed to provide $1,750,000 to compensate buyers of its KT Tape varieties, thanks to a class action alleging that the company violated Massachusetts and federal laws and made false claims in advertising and marketing the tapes. The advertising claimed that KT Tape would relieve pain from sports injuries, and also that it would prevent injuries. 

Poland Spring

Is Poland Spring water from an actual spring? The complaint for this class action alleges that the real Poland Spring in Maine ran dry nearly fifty years ago and that the “spring” the company now claims produces its water in that location is at the bottom of a lake. At its other sites, the complaint says, the company has built man-made “springs” via three methods: (a) causing well water to flow through pipes or tubes into wetlands, (b) inserting wells into the ground to tap the water table and force water to the surface, and (c) excavating pits in the ground that intercept the water table and form man-made pools. None of these, the complaint says, meets the FDA definition of “spring” nor can water taken out of them be called “spring water.”